What is the difference between labor dispatch and agency recruitment, and what legal responsibilities do they bear to individuals and enterprises respectively?

Labor dispatch, one unit recruits you, has labor relations with you, and then sends you to another unit to work for a certain period of time. Agent recruitment, a qualified organization carries out recruitment activities on behalf of the employer, and you have no labor relationship with this organization.

The current legal system stipulates that labor dispatching units should implement the system of equal pay for equal work, but the person in charge of relevant departments in Ministry of Human Resources and Social Security said that although labor dispatching employees have the right to equal pay for equal work with workers in the employing units, equal pay for equal work does not include welfare and social insurance.

Equal pay for equal work can be simply understood as that employees in the same position and at the same level should implement the same wage standard. However, it is easy to be alienated as a countermeasure for employers to deal with equal pay for equal work.

Requirements for post of labor dispatch:

Article 66 of the Labor Contract Law stipulates: "Article 66 Employment under the labor contract system is the basic form of employment in Chinese enterprises. Labor dispatch is a supplementary form and can only be implemented in temporary, auxiliary or alternative jobs. "

"The temporary work mentioned in the preceding paragraph refers to the work with a working time of no more than six months; Auxiliary posts refer to non-main business posts that provide services for main business posts; Alternative work refers to the work that can be replaced by other workers in a certain period of time when the employees of the employer are unable to work due to off-duty study, vacation and other reasons. "

"The employing unit shall strictly control the number of labor dispatched, and shall not exceed a certain proportion of its total employment. The specific proportion shall be stipulated by the labor administrative department of the State Council. "

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